TERMS OF USE

PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE SHOP.TIMHORTONS.COM WEBSITE. THIS AGREEMENT EXEMPTS THE TDL GROUP CORP., TIM HORTONS USA INC., (COLLECTIVELY “TIM HORTONS” OR “WE”, AS FURTHER DEFINED BELOW) AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. EXCEPT WHERE STATED OTHERWISE, THE TERMS “TIM HORTONS” AND “WE” USED ON THE WEBSITE AND IN THIS AGREEMENT SHALL BE DEEMED TO INCLUDE THE TDL GROUP CORP. AND TIM HORTONS USA INC., AND THEIR AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS.

This Agreement contains the following provisions

1. Your Acceptance of this Agreement
2. Permission to Use the Website
3. Changes to this Agreement
4. Ownership and Permitted Use of the Website
5. Misprints and Errors, Product Availability and Prices
6. Trade-mark Information
7. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
8. Login Names and Passwords
9. Terms and Conditions of Sale
10. Contests
11. Unsolicited Submissions
12. Your Information
13. Disclaimers, Liability Exclusions/Limitations and Indemnity
14. Privacy Policy
15. Refund Policy
16. Other Sites/Resources
17. Termination
18. Governing Law and Dispute Resolution
19. Use by Employees
20. Other Matters

1. YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and Tim Hortons regarding your access to and use of shop.timhortons.com website and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement also provides benefits to Tim Hortons’ affiliates, service providers, suppliers and other persons.

Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. You are only authorized to access or use the Website if you agree to abide by all applicable laws and to this Agreement. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.

This Agreement is in addition to any other agreement you may have with Tim Hortons, including a transaction agreement.

2. PERMISSION TO USE THE WEBSITE

You may use the Website only if you are a resident of Canada or the United States of America, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. We reserve the right to request proof of identification and age. We ship products only to addresses in the United States. If you want to ship products to or within Canada, please visit our Canadian website at shop.timhortons.com.

3. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement as it relates to future use of the Website at any time without further notice. If we do this, we will post a revised Agreement on the Website. By accessing or using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.

4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE

The Website (all content including, but not limited to, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, animation, icons, software, designs, applications, data, music, and other elements available on or through the Website) is the proprietary property of Tim Hortons and others, with all rights reserved, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.

You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Provided that you are eligible to use the Website and subject to this Agreement, you are granted a limited license to use and access the Website and to download or print a copy of any portion of the Website to which you have properly gained access solely for your personal, non-commercial use, provided that you do not modify any of the content of the Website and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

You may not access any area of the Website that you are not authorized to access or access the Website by means other than through the interface provided by Tim Hortons. You may not interfere or attempt to interfere with the proper working of the Website or any application or link related thereto. You may not take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure. You may not take any action that compromises the integrity of the Website or applications, information and data related thereto, or the operation of Tim Hortons’ or a third party’s computer systems, including, but not limited to, sending viruses, time bombs and corrupted files. You may not reverse engineer or otherwise attempt to discover any source code or application relating to the Website. You may not use the Website including any application related thereto for any unlawful or harmful purpose or to defame or harass anyone. You may not use any robot, spider or other automatic device not provided by Tim Hortons.

The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored, framed, or distributed in any form or by an means, in whole or in part, without the express prior written consent of Tim Hortons. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement. Any use of the Website and its content other than as specifically authorized herein, without the express prior written consent of Tim Hortons, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. This license is revocable at any time without notice and with or without case.

5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES

We endeavour to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. We cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. By using or attempting to use the Website, you expressly acknowledge that we make no warranties, representations or conditions regarding the content of the Website including, but not limited to, currency, accuracy or completeness.

We reserve the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.

6. TRADE-MARK INFORMATION

TIM HORTONS® and other names, domain names, and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by Tim Hortons or their respective owners or licensees.

Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Marks.

7. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS

Links to the Website without the express written permission of Tim Hortons are strictly prohibited. To request permission to link to the Website, please send an email to webmaster@timhortons.com. We may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.

The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.

8. LOGIN NAMES AND PASSWORDS

Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "User Account") by Tim Hortons. For the purposes of accessing the Website, the User Account remain the property of Tim Hortons. We may, at our discretion, cancel or suspend the User Account and deactivate or delete any related information and/or files associated with the User Account or bar access to such information and/or files at any time without any notice or liability to you or any other person.

We are not under any obligation to verify the actual identity or authority of any person using User Account to access and use the Website. We may act upon any communication that is given with the use of User Account. We may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Tim Hortons is not satisfied with such proof.

If you have been issued a User Account: (a) you represent that you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law; (b) you represent that are not a person barred from receiving services under applicable law; (c) you agree to provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Website (the “Registration Data”); (d) you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (e) you are fully responsible and liable for the security of the User Account and any and all use and misuse of the User Account; (f) you will keep the User Account secure and confidential at all times and not disclose the User Account to any other person or permit any other person to use the User Account; (g) you will ensure that all uses of the User Account comply with this Agreement; (h) once you have logged-on to the Website using the User Account, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (i) you will immediately notify Tim Hortons by telephone 1-888-601-1616 or email to timshop@timhortons.com if you know or suspect that any User Account have been lost or stolen or become known to or used by any other person.

9. TERMS AND CONDITIONS OF SALE

All purchases made through shop.timhortons.com are subject to the following terms and conditions: The website (shopus.timhortons.com) is currently unable to ship to addresses outside of the United States. All product(s) purchased online are subject to a handling fee, shipping costs and applicable taxes.

Payment

We accept credit cards only through Amazon’s secure checkout. We accept Master Card, Visa, American Express, Discover, Diner’s Club and JCB. We are unable to accept any other forms of payment of online purchases. For online orders, we only accept credit cards issued within the United States.

By submitting your order for processing, you authorize us to charge the amount shown to your credit card when the product ships. If your card cannot be verified due to it’s being invalid, not acceptable or any question of fraud your order will not be processed. You will not receive an order confirmation e-mail but you can call 1-888-601-1616 for assistance.

Shipping and Delivery

Please note that we cannot ship orders outside the United States. For orders shipping to or within Canada, please visit our website shop.timhortons.com. We use a variety of carriers for each shipping option and will choose the most appropriate delivery method for the desired shipping address. It is not possible to specify a preferred carrier when placing an order with us. We have three different shipping options for you to choose from.

Example of Shipping Delivery Times

The shipping cost is based on the total amount of your order (excluding tax) and which type of shipping option you choose from.

Shipping & Handling Costs

To review our Shipping Policy click here.

Order Cancellation

In order to ship your order as quickly as possible, we cannot cancel or change an order once it has been placed. To view your open orders sign into your account. If you decide you no longer want your order, please refuse delivery upon its arrival. We will issue you a refund of the purchase price once the product is returned to our fulfillment center.

Warranties

We stand behind the products we sell. Some products on our Website come with manufacturer’s warranties. Please refer to the Manufacturer’s Warranty for the product(s) you order for information on parts and service. If you have any questions, please contact our Customer Service Department at 1-888-601-1616.

10. CONTESTS

From time to time Tim Hortons may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.

11. UNSOLICITED SUBMISSIONS

If you send unsolicited ideas or suggestions (“Submissions”) to Tim Hortons or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Tim Hortons and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, transferable, assignable, sub-licensable, right and license to use, edit, reproduce, publish, translate, copy, distribute, excerpt (in whole or in part), and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Tim Hortons or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Tim Hortons and its successors, assigns and licensees. You agree to defend, indemnify and hold Tim Hortons and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fee, arising out of or in connection with any of your Submissions.

12. YOUR INFORMATION

All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Tim Hortons will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Tim Hortons or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Please also see Section 14 below regarding our Privacy Policy.

13. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY

DISCLAIMERS

YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY TIM HORTONS TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIABILITY EXCLUSIONS

TIM HORTONS AND ITS PROVIDERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY TIM HORTONS OR ANY PERSON FOR WHOM TIM HORTONS IS RESPONSIBLE, AND EVEN IF TIM HORTONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS

THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.

14. PRIVACY POLICY

Tim Hortons collects, uses and discloses personal information in accordance with its Privacy Policy, which is available by clicking here (INSERT LINK) and which may be changed from time to time by Tim Hortons in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by Tim Hortons in accordance with the Privacy Policy as it then reads.

Registration and certain other personal information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy. You agree that Tim Hortons has the right, but not the obligation, to monitor the Website electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website of the services offered from the Website properly, or to protect itself or its users in accordance with the Privacy Policy and applicable privacy legislation.

You acknowledge that in the event that a third party service provider is located in the United States or another foreign country, your personal information may be processed and stored in the United States or such other foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of your personal information through the laws of the foreign country. Whenever we engage a third party service provider to do work for us, we confirm that its privacy and security standards meet our requirements. You acknowledge and agree that this paragraph constitutes prior written notice to you of, and your consent to the collection, use and disclosure of your personal information as described above.

15. REFUND POLICY

At the Tim Hortons e-store we are committed to “Always Fresh”. Always.

If you are not satisfied with the product or merchandise received from our e-store, you may return it for a refund of the purchase price, within 30 days of the original order date.

You will be refunded for the merchandise total, plus applicable sales tax paid. Shipping and handling fees are not refundable. We will gladly refund your original shipping cost if you are returning an item because of an error on our part, or we have determined that the product is defective or damaged.

Please allow 14 business days for us to process your return. Please allow 1 to 2 billing cycles for the credit to show up on your credit card statement.

All returns must be handled through our e-store. Similarly, all exchanges of damaged or defective products must be done through our e-store. Unfortunately, you cannot return items purchased at our e-store to your local Tim Hortons store.

Return Instructions

1. Go to “My Account” and from the drop down menu select ‘Orders Placed in the Last 6 Months’ and select ‘Go’.
2. Sign into your account.
3. Locate the order you wish to return and select ‘View Order’ button.
4. Locate the item you wish to return and select ‘Return an Item’ button.
5. Follow the direction on the following screen and ship via insured and prepaid to the address on the paperwork. Keep the tracking information for the return in a safe location.

Returning Damaged Merchandise purchased from the e-store

If your merchandise was damaged in transit or is defective, please call our Customer Service Department to speak to a representative to arrange for a replacement at 1-888-601-1616.

Customer Service hours are Monday – Friday from 6:30 A.M. – 6:30 P.M. E.S.T. If you would like to contact us outside of our Customer Service hours you may e-mail us at timshop@timhortons.com.

16. OTHER SITES/RESOURCES

For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from Tim Hortons, and Tim Hortons has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Tim Hortons does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Tim Hortons arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Tim Hortons, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.

17. TERMINATION

Notwithstanding any other provision of this Agreement, Tim Hortons may in its discretion, without any notice or liability to you or any other person, change, discontinue, modify, restrict, suspend or terminate the Website, or any part thereof, including, but not limited to: (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting any user’s right to use or access the Website. Tim Hortons may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.

If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and Tim Hortons will continue to apply and be binding upon you regarding your prior access to and use of the Website, or any part thereof, and anything connected with, relating to or arising therefrom.

18. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). You hereby irrevocably submit and attorn to the original and exclusive jurisdiction and venue of those courts and acknowledge that you do so voluntarily and are responsible for complying with all local laws. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of, connected with, or relating to : (a) the Website; (b) this Agreement; or (b) the relationship which results from this Agreement (collectively “Disputes”) will be resolved before the Courts of Ontario, sitting in the City of Toronto (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against us related to any Disputes and, where applicable, you also agree to opt out of any class proceedings against Tim Hortons.

19. USE BY EMPLOYEES

If you are an employee of Tim Hortons, in addition to the terms of this Agreement, your use of the Website as an employee must at all times also be consistent with the Tim Hortons Code of Conduct contained in the Standards of Business Practice and other related statements, policies and procedures that Tim Hortons may implement from time to time.

20. OTHER MATTERS

If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement enures to the benefit of and is binding upon each of Tim Hortons and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Tim Hortons may assign this Agreement and its rights and obligations under this Agreement without your consent. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.

This Agreement, together with the Privacy Policy, is the entire agreement between you and Tim Hortons relating to the subject matter herein.

Any rights not expressly granted by this Agreement are reserved to Tim Hortons.

All sales are made by The TDL Group Corp. You may contact our Customer Service department at 1-888-601-1616, Monday - Friday from 6:30 A.M. - 6:30 P.M. EST. If you would like to contact us outside of our Customer Service hours you may e-mail us at timshop@timhortons.com. This version in effect since (INSERT NEW DATE).